The ability to do that while continuing to function effectively is one aspect of intelligence. Two Supreme Court decisions, just released, illustrate that.
It took 91 years, but the Supreme Court on Monday abandoned the fiction of independent agencies (Trump v Slaughter). Yet in a somewhat paradoxical decision (Trump v Cook), the Court enshrined the Federal Reserve’s independence despite its exercise of vast executive powers.
It’s not all that paradoxical, just seemingly contradictory, for the Court to have reached those two decisions. In the one, the Court acknowledged what should have been an obvious truth: agencies within the Executive Branch are creatures of and exclusively respondent to the head of the Executive Branch, the President. From that, it should be—and should have been all along—obvious that employees of those branches, including politically appointed employees, serve at the pleasure of the Executive Branch head, and so they are fireable by that head. Congress’ desire to make the agencies and agency employees independent of their boss is plainly unconstitutional.
With one exception. The Federal Reserve Bank of the United States also is an Executive Branch agency, yet the Court, for good or ill, carved out an exception to the who works for whom rule and said “not yet” regarding President Donald Trump (R) firing a Fed governor without first providing notice and opportunity to respond. This ruling is, for good or ill, a temporary move intended to preserve the central bank’s political independence and leave it to deal with monetary matters without political distraction. (It’s temporary because, contrary to what overwrought pressmen, disagreeing politicians, and Court dissents say, the Supreme Court did not rule that Trump could not fire the governor. It only said not yet; the underlying case must make its way through the courts before a final ruling can be made.)
And the Court continues to function effectively.